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deeds of conveyance,
of the honour or manor whereof they are parcel, in free and common foccage, freed and discharged from all fines, heriots, reliefs, quit rents, ond other customary dues and payments, suits and services, whatsoever; and that the deeds for conveying 2nd assuring the fame shall be made in the following form of words, or as nearly thereto as may be; (that is to fay,)
GEORGE the third, by the grace of God, of Great Britain, France, and Ireland, King, defender of the faith, and so . forth; To all to whom these our present letters Jhall come, greeting; how ye, that we, in consideration of the sum of of lawful money of Great Britain, paid into the hands of our receivergeneral of the revenues of our duchy ^Lancaster, by A. B. one of our copyhold or cujlomary tenants of the [as the cafe may
be,] as appears by the receipt of our said receiver-gen er al, indorsed on these presents, and by and with the advice and consent of our chancellor and council of our said duchy, do hereby release and confirm unto the said A. B. and his heirs, for ever, all that [describing the premises;] To have and to hold the premises hereby released^ with their appurtenances, unto and to the use of the said A. B. and his heirs, for ever, to be holden of the honour or manor of which the fame is or are parcel, in free and common soccage, freed and discharged of and from all and all manner of fines, heriots, reliefs, quit rents, and other dues and payments, suits, services, and customs whatsoever, to which the same, or any part thereof, are now fubjecl, and to be and continue as freehold lands; [and in cafe there be any subsisting lease of the said fines, heriots, reliefs, quit rents, dues, payments, or customs, words to the following effect are to be added] fubjecl nevertheless to the payment of the usual and accustomed fines, heriots\ reliefs, quit rents, and other dues, [or as the cafe may be,] during the term and interest now outstanding by virtue of a lease thereof, granted under the seal of the said duchy, bearing date on or about [expressing the date,] unto C. D.for a term [as the cafe may be,] which will expire on [expressing the
time when the subsisting lease will expire.] In witness, &c.
The aforesaid VII. And be it further enacted, That the said several and regrants, &c. fpective grants, conveyances, and assurances, in the respective under the seal forms aforesaid, under the seal of the said duchy, (hall be good, ta be valid m sufficient, valid, and effectual in the law, for granting and assurlaw. ing the said rents unto the several purchasers thereof, and their
heirs for ever, and also for conveying and assuring the said messuages, lands, tenements, and hereditaments, therein respectively to be comprised, enfranchised, and discharged, unto and to the use of the several and respective persons therein to be named, and their heirs for ever; any thing contained in the said recited act of the first year of Queen Anne to the contrary thereof notwithstanding; and that the inrollment of the said grants, conveyances, and assurances, in the court of duchy chamber of Lancaster, shall be of the same force and validity as inrollments of bargains and sales in any of the four courts at Westminster.
i VIII. Provided
VIII. Provided always, That where any lease of any of the Proviso relataforesaid rents, fines, heriots, reliefs, or other customary dues or ing to such payments, hath been granted under the seal of the said duchy ^nts» fines* for any term now subsisting, that then, and in every such case, ^wa^der the said grants, conveyances, and assurances, so far as the fame ieafe. relate to or concern any of the hereditaments comprised in such
lease, (hall commence and take effect only upon or from the expiration or determination of such lease respectively; and that such an abatement shall be made in the purchase-money for the hereditaments so in lease, as (hall be agreed upon between the said chancellor and council, and the respective purchasers or persons therein respectively named; and that the person or persons entitled to the benefit of such lease, shall and may have and take all such remedies in the law, for recovering and enforcing the payment of the several and respective rents, fines, heriots, reliefs, and other customary dues and payments, during the continuance of such lease, as he, she, or they would, could, or might have had or taken in case this act had not been made; any thing herein contained to the contrary notwithstanding.
IX. And whereas it may be convenient to persons who are seised of Tenants for copyhold lands and estates, (being zvithin and parcel of the honours, life of copymanors, or lordships, of the said duchy 0/Lancaster,} as. tenants for ^^a'^ur life only, to have the fame enfranchised, be it therefore enacted by c^af^en^u* the authority aforesaid, That it (hall and may be lawful for all chifement such tenants for life, who are or shall be seised of any such thereof j copyhold lands and estates as aforesaid,and they are hereby authorised and impowered to contract and agree with the said chancellor and council for the enfranchisement, and for the purchase
of timber thereon for discharging the said copyhold lands and estates from the payment of all customary fines, fines of ingress, and other fines, heriots, reliefs, quit rents, and other dues and payments, to which, by the respective customs of such honours, manors, or lordships, the fame are now, or would hereafter otherwise be subject and liable to, and to pay to the said chancellor and council such price or consideration as shall be agreed on for the same:, and after any such messuages, lands, tenements, or charge hereditaments, shall be so enfranchised and discharged from such ^ith thTpIyfines, rents, dues, and payments, as aforesaid, it shall and may ment of the be lawful for the respective owners and proprietors thereof, being said purchase tenants for life as aforesaid, to charge such copyhold lands and money« estates with the payment of the money to be paid for the enfranchisement thereof, and for discharging the same from such fines, rents, dues, and payments, as aforesaid; and for securing the repayment of such money, with interest, by deed or deeds, writing or writings, under their respective hands and seals, to be duly executed by them, and attested by two or more credible witnesses, to grant, mortgage, lease, or demise, or otherwise subject the lands and estates so charged as aforesaid, unto such person or persons as shall advance and lend the fame respectively, for any term or number of years, so as such grant, mortgage, lease, or demise, be made with a proviso or condition to
Grants, &c. where the consideration (hall not exceed 10I. not subject to stamp duty.
Enfranchised premises to remain subject to entails, settlements, &c.
Grants to be made at the expence of the grantees. Officers fees.
cease and be void, or with an express trust: to be surrendered, when the money thereby to be secured, with the interrest thereof, shall be fully paid and satisfied; and also with a covenant, that such respective tenants for life shall pay and keep down the interest of the money to be thereby respectively secured during their respective lives, in such manner that no person afterwards coming into possession of any such lands and estates, (hall be subject or liable to pay any further or larger arrear of interest than for one year preceding the time when the title to such possession (hall accrue and commence; and every such grant, mortgage, lease, or demise, so to be made as aforesaid, shall be good, valid, and effectual in the law, for the purposes thereby intended, notwithstanding any settlement, will, trust, use, remainder, limitation, or other incumbrance, os and concerning the same lands and estates, or any part or parts thereof, then in being or capable of taking effect,
X. And be it further enacted, That where the money to be paid as the consideration for any such grant, conveyance, or assurance, and shall not exceed the sum of ten pounds, such grants, conveyances, and assurances, under the seal of the said duchy, shall be subject to no stamp-duty for the same; and where the consideration money to be paid shall exceed ten pounds, that the said grants, conveyances, and assurances, shall be subject only to such stamp-duty as is or are, or hereafter may be by law requisite for any deeds, whereby lands, tenements, or hereditaments, are conveyed.
XI. Provided always, and be it enacted, That all and singular the premises to be enfranchised and discharged as aforesaid, under and by virtue of this act, shall, from and after the conveyance and assurance thereof respectively, remain, enure, continue, and be subject and liable to all such entails, wills, settlements, mortgages, leases, judgements, uses, trusts, limitations, remainders, reversions, and all other incumbrances, as the fame premises now are, or at the time of the making such conveyances and assurances thereof shall or may be subject and liable to, in as large and ample manner and form as if this act had not been made; any thing hereincontained to the contrary thereof in any wife notwithstanding.
XII. And be it further enacted, That the grants and assurances to be made under the seal aforesaid by virtue of this act, shall be sued forth and inrolled in manner herein-before directed, at the expence of the respective grantees therein to be named; 9 and that the several fees hereafter mentioned, and no more, shall be charged for the same by the officers of the said duchy; (that is to fay)
And for every additional rent contained in the fame? 0 10 O grant - j
For assurances for the enfranchisement of copyhold or
For enfrsrw chisement.
Total for every assurance, where the de-1
scriptions of the parcels do not exceed > 1 50 sixty words - 3
Total for every thirty words in excess, where the 1 descriptions of the parcels exceed sixty words - 3
Monks to XIII. And be it further enacted, That all the monies to arise
of rents, or by sa!e of the saicl rents> or by the enfranchisement and disby eufran- charging of any copyhold or customary messuages, lands, tenechisement,to ments, or hereditaments, under and by virtue of this act, shall be paid to the be paid into the hands of the receiver-general of the revenues receiver-gene- Qc t|ie duchy of Lancaster for the time being, and his successors; 7 and that the purchasers shall not be liable to see to the applica
tion thereof, but that the receipts and acquittances of the said receiver-general for the said monies, shall be a full discharge to and laid out the purchasers for the fame; and the said monies shall from time in the pur- to time, as the fame shall be paid in and received, be laid our, chafe ot stock, t|ie orcjer 0f tfte chancellor and council, in the purchase in the name Jc , A t . , r L , . . 7 . r
of the duchy °* three per centum bank consolidated annuities, or in any of of Lancaster, the publick funds, transferrable at the bank of England, in the name of the duchy of Lancajler; in which name the governor and company of the bank of England are hereby authorised and required to permit transfers to be made of the said annuities, funds, or stock, so purchased, and such transfers to be accepted by the receiver-general of the revenues of the said duchy for the time being, who is hereby required to accept the fame accordingly; and that all and every the annuities, fund, or stock, to be so purchased and accepted, shall remain invested in the name of the duchy of Lancajler, and shall not be transferred, or transferrable, without the authority of parliament; but all the interest of the said annuities, funds, and stock, shall be from time to time paid, by the said governor and company of the bank of England\ unto the receiver-general of the said duchy for the time being, and his successors, (whose receipts shall be a sufficient discharge for the same,) as parcel of the revenues of the said duchy, and shall be charged upon, and be answered and accounted for by him to the King's majesty, his heirs and successors, accordingly, subject to all such charges, incumbrances, and outgoings, if any such there be (taxes only excepted,) as the said rents now are, or would have been chargeable with or subject unto in case this act had not been made. Clause for en- XIV. And whereas divers lands and tenements, parcel of the said couraging the duchy 0/Lancaster, are held by sundry persons, by virtue of grants growth ot from the croivn under the seal os the said duchy, in fee-farm, in some timber. Qj wfo6fr grants all timber and other trees to arise and grow in the lands thereby granted, are excepted and reserved to the croivn: And zuhereas divers other lands, parcel of the said duchy, are held by leases granted under the seal thereof for terms of life or years, wherein all timber and other trees are also excepted and reserved to the crown: And whereas sundry parts of the said lands so held in fee-farm or by lease, would, if planted for the production of wood and timber, produce a greater profit than in a course of husbandry ; and if the respective fee-farmers and lessees thereof were to be benefited by raising anct planting trees for timber and other purposes therton, they might be encouraged so to do, to the great utility of the publick; be it therefore enacted, That it shall and may be lawful to and for the said chancellor and council to contract with the owners of lands,